Ecuador

26.On February 27, 2004,
the IACHR granted precautionary measures in favor of Mr. Leonidas
Iza, President of the Confederation of Indigenous Nations of
Ecuador (Confederación de las Nacionalidades Indígenas del
Ecuador—CONAIE) and his family. Available information indicates
that on February 1, 2004, Mr. Iza and members of his family were
victims of an armed assault at CONAIE headquarters, as a result of
which they were severely injured. In view of the risk for the
beneficiaries, the Commission requested the Ecuadorian State to
adopt measures to protect the life and physical integrity of Mr.
Leonidas Iza and his family. The Commission continues to monitor
the situation of protected persons.

27.On October 19, 2004, the
IACHR granted precautionary measures in favor of Luis Alberto
Sabando Véliz. Available information indicates that Luis
Alberto Sabando Véliz allegedly disappeared on September 29, 2004 in
the city of Quevedo, while he was handcuffed and in the custody of
four police officers of the Provisional Detention Center of the city
of Quevedo. In view of the situation, the IACHR requested the
Ecuadorian State to adopt the necessary measures to protect the
life, safety, personal freedom, and right to due process of law of
the beneficiary and to report on the actions undertaken to determine
his whereabouts. The Commission continues to monitor the situation
of the protected person.

Guatemala

28.On January 29, 2004, the
IACHR granted precautionary measures in favor of Antonio Gómez
Castaño and his wife Clelean Marilú Izaguirre Pinula de Gómez.
Available information indicates that Mr. Gómez Castaño and his
family have been the targets of telephone threats, persecution,
threats, and other acts of intimidation, presumably for his on the
files of the dissolved Presidential Military Staff. In view of the
situation, the Commission requested the Guatemalan State to adopt
the necessary measures to protect the life and personal safety of Mr.
Antonio Gómez Castaño and his family. The Commission continues to
monitor the situation of the protected persons.

29.On
February 9, 2004, the IACHR granted precautionary measures in favor
of Fermín Ramírez in the context of Case No 12.403, referring
to the alleged violation of the rights to life, due process of law,
and judicial protection, enshrined in Articles 4, 8, and 25 of the
American Convention, as a result of the decision of March 6, 1998 of
the Court of Criminal Sentencing, Narcotic Activities and Crimes of
Escuintla whereby Mr. Ramírez was convicted and sentenced to death.
Available information indicates that, on January 8, 2004, the
Constitutional Court had allowed an appeal on the ground that Mr.
Ramírez’s sentence was unconstitutional, without ordering the
provisional suspension of the execution of the death penalty given
to Mr. Ramírez. As a consequence, his execution could be scheduled
at any time by the judge of execution of sentences. In view of the
situation, the Commission requested the Guatemalan State to suspend
Mr. Ramírez’s execution on the basis that his petition was pending
before the inter-American system, in order to avoid depriving any
decision by the Commission of its effectiveness. On September 12,
2004, Case 12.403 was referred to the jurisdiction of the Inter-American
Court, and on December 3, 2004, the representatives of the
beneficiary requested the adoption of provisional measures in favor
of Mr. Ramírez. In response, the President of the Court adopted a
Resolution on December 21, 2004 (see below the section on matters
pending before the Inter-American Court).

30.On February 17, 2004,
the IACHR granted precautionary measures in favor of Orlando
Blanco Lapola, director and spokesperson for the National Human
Rights Coordinator of Guatemala. Available information indicates
that Mr. Lapola has been the target of repeated death threats, an
illegal search of the offices where he works, and intimidation on a
public highway, because of his activity as a defender of human
rights and the steps taken to promote the establishment of the
Commission for the Investigation of Clandestine Security Corps and
Devices (Comisión de Investigación de Cuerpos y Aparatos
Clandestinos de Seguridad—SICIACS) in 2002 and 2003. In view of
risk to the beneficiary, the Commission requested the Guatemalan
State to adopt the necessary measures to protect the life and
physical integrity of Mr. Blanco and to report on the actions
undertaken to investigate the incidents and the threats made against
him. The Commission continues to monitor the situation of the
protected person.

31.On February 27, 2004,
the IACHR granted precautionary measures in favor of Rafael
Castillo Gándara and his attorney, Walter Robles. Available
information indicates that Mr. Gándara Castillo has been the target
of persecution and death threats by members of the Attorney
General’s Office, where his ex-wife worked under the orders of the
Attorney General at the time, Carlos David de León Argueta.
Although the Presidential Military Staff and the Human Rights
Prosecutor arranged for the adoption of perimeter security measures
in favor of Messrs. Gándara Castillo and Robles, they continued to
be the targets of threats and persecution. In view of the risk for
the beneficiaries, the Commission requested the Guatemalan State to
adopt the measures necessary to protect the life and personal safety
of Messrs. Gándara Castillo and Robles and to report on the actions
undertaken to investigate the threats made against them. The
Commission continues to monitor the situation of the protected
persons.

32.On May 26, 2004, the
Commission granted precautionary measures in favor of Héctor
Ramírez Rubio, Jorge Vinicio Ramírez Rubio, Byron Alejandro Ramírez
Rubio, Carol Stephanie Gudiel Morales, Blanca Estela Gudiel Morales,
Ronald Estuardo Gudiel Morales, Mynor Iván Gudiel Morales, Carmen
Roxana Morales de Gudiel, and Ronald Gudiel Morales. Available
information indicates that the beneficiaries have been the targets
of death threats and other acts of intimidation, in retaliation for
a complaint filed against Efraín Ríos Montt and his followers
because of the death of the journalist Héctor Ramírez Rubio. This
death took place in a context of violence on July 24-25, 2003 when
hooded mobs armed with sticks and stones protested in the streets of
Guatemala City to support the registration of Efraín Ríos Montt as a
candidate in the presidential elections. In view of the risk for
the beneficiaries, the Commission requested the Guatemalan State to
adopt the necessary measures to protect the life and personal safety
of the above-mentioned persons and to report on the actions
undertaken to investigate the threats made against them. The
Commission continues to monitor the situation of the protected
persons.

33.On September 17, 2004,
the IACHR granted precautionary measures in favor of Ana Luz
Chuga Tathuite, Magda Elena Chuga Tahuite and their families.
Available information indicates that the beneficiaries have been the
target of death threats after they reported injuries to Ms. Chuga
Tahuite, who was attacked by three men on June 19, 2004. It is
claimed that no measures have been taken to determine the juridical
status of the individuals allegedly responsible for the assault,
despite the testimony of the affected person and even though the
life and physical integrity of the beneficiary and her family are in
imminent danger after she made the corresponding report. In view of
the risk to the beneficiaries, the Commission requested the
Guatemalan State to adopt the measures necessary to protect the life
and physical integrity of Ana Luz Chuga Tathuite, Magda Elena Chuga
Tahuite, and their families and to report on the actions undertaken
to investigate the threats made against them. The Commission
continues to monitor the situation of the protected persons.

34.On October 18, 2004, the
IACHR granted precautionary measures in favor of Alexander Toro,
Legal Aid of the Department Prosecutor’s Office of Retaluelo, and
his family. Available information indicates that Mr. Alexander Toro
has been the target of death threats after his intervention as a
mediator between the occupants, owners, and public authorities in
the search of a peaceful solution to the occupation of the Nueva
Linda Farm. The farm was taken over by 1,800 campesinos in October
2003 after the murder of the leader Héctor René Reyes Pérez, and
they were evicted on August 31, 2004, in episodes of violence that
left 11 dead. In view of the risk to the beneficiaries, the
Commission requested the Guatemalan State to adopt the necessary
measures to protect the life and personal safety of the
beneficiaries and to report on the actions undertaken to investigate
the threats made against him. The Commission continues to monitor
the situation of the protected persons.

35.On October 29, 2004, the
IACHR granted precautionary measures in favor of Edgard Orlando
Acajabón Morales, Luis Mario Morales Mejía, Marvin Guillén, Fredy
Rodas, Julio Rodas, Mynor Toj, Luis Romero, and Gerardo Montenegro,
journalists associated with the news reports “Nuestro Diario” and
“Cable DX”. Available information indicates that the journalists
had been the targets of threats and assaults after they had
witnessed violence in the eviction from the Nueva Linda Farm on
August 31, 2004. In view of the risk for the beneficiaries, the
Commission requested the Guatemalan State to adopt the necessary
measures to protect the lives and physical integrity of the
beneficiaries and to report on the actions undertaken to investigate
the threats made against them. The Commission continues to monitor
the situation of the protected persons.

36.On November 24, 2004,
the IACHR granted precautionary measures in favor of 62 children
held in the Juvenile Center of Provisional Confinement. The
ruling on the necessity of precautionary measures was based on
on-site observations made by the Commission’s Rapporteurs for
Children and Detained Persons – Commissioners Paulo Sérgio Pinheiro
and Florentín Meléndez — between November 18 and 20, 2004. On this
occasion, information was gathered directly indicating that the
physical and psychological safety and health of the confined
children were severely threatened by the treatment of the staff and
system and the unhealthy conditions of the solitary confinement
cells. In view of the situation, the Commission requested the
Guatemalan State to adopt the measures necessary to protect the
lives and physical integrity of the beneficiaries, including
measures aimed at preventing retaliation by the prison staff against
the inmates and to report on the actions undertaken to investigate
the facts and put an end to the assaults against the incarcerated
children. The Commission continues to monitor the situation of the
protected children.

Haiti

37.On
January 13, 2004, the IACHR granted precautionary measures in favor
of Professor Henri Marge Dorleans, member of the Toussaint
Louverture Center. Available information indicates that Professor
Dorleans had been the target of threats and intimidation after his
participation in a December 10, 2003 political debate on the human
rights situation in Haiti. It is alleged that, as a result of the
threats that he received, he had to seek shelter and that on
December 13, 2003, his neighbors were questioned about the
activities in the Toussaint Louverture Center. In view of the risk
to the beneficiary, the Commission requested the Haitian State to
adopt the measures necessary to protect the life and physical
integrity of Mr. Dorleans and to report on the actions undertaken to
investigate the facts and the threats made against him. The
Commission continues to monitor the beneficiary’s situation.

Honduras

38.On June 8, 2004, the
IACHR granted precautionary measures in favor of the human rights
defender Andrés Pavón Murillo, Executive Director of CODEH.
Available information indicates that Mr. Pavón Murillo has been the
target of threats and harassment because of his activities as a
human rights defender and that the public has been called upon on
television and radio to take his life and the lives of his family,
so as to dissuade him from continuing “to defend delinquents.” In
view of the risk for the beneficiaries, the Commission requested the
Honduran State to adopt measures to protect the life and physical
integrity of Mr. Pavón Murillo and his family. The Commission
continues to monitor the situation of the protected persons.

Mexico

40.On September 27, 2004,
the IACHR granted precautionary measures in favor of Raúl Javier
Gatica Bautista, member of the Organizational Board of the
Ricardo Flores Magón Oaxaca People’s Indigenous Council. Available
information indicates that Mr. Gatica Bautista has been the target
of threats and harassment because of his work defending the human
rights of the indigenous peoples of Oaxaca, which had allegedly
undermined official, political, and paramilitary groups interests.
In view of the risks to the beneficiary, the Commission requested
the Mexican State to adopt measures to protect Mr. Raúl Javier
Gatica Bautista’s life and physical integrity and the free exercise
of his activities as a human rights defender. The State and the
beneficiaries have reported on agreements reached concerning
measures of protection. The Commission continues to monitor the
situation of the protected person.

Paraguay

41.On
October 12, 2004, the IACHR granted precautionary measures in favor
of the members of the Kelyenmagategma Indigenous Community of the
Enxet People. Available information indicates that, on August
29, 2004, members of this community had allegedly been displaced by
force from their ancestral land, through the actions of individuals
who destroyed their homes and working tools. The Petitioners allege
that the displaced persons are living in deplorable conditions and
that their personal safety is in imminent danger. In view of the
situation, the IACHR requested the Paraguayan State to adopt
precautionary measures necessary to protect the lives and physical
integrity of the members of the Kelyenmagategma Indigenous Community
of the Enxet People, to provide humanitarian support to the
displaced persons and guarantee their prompt return to their
ancestral land, and to report on the actions undertaken to clarify
the facts justifying the adoption of precautionary measures. The
Commission continues to monitor the situation of the beneficiaries.

42.On November 15, 2004,
the IACHR granted precautionary measures in favor of Mr. Felipe
Nery Páez Mauro and his family. Available information indicates
that Mr. Felipe Nery Páez Mauro has been the target of threats and
other acts of harassment–supposedly related to legal proceedings—and
that he has not received protection from the authorities, although a
legal order was issued for this purpose. In view of the risks to
the beneficiary and his family, the Commission requested the
Paraguayan State to adopt measures to protect the life and personal
safety of Mr. Nery Páez Mauro and his family. The Commission
continues to monitor the situation of the protected persons.

Peru

43.On
August 2, 2004, the IACHR granted precautionary measures in favor of
Luis Alberto Ramírez Hinostroza and his family. Available
information indicates that the beneficiary has been the target of
threats and assaults against his physical integrity and that of his
family, because he is a victim and witness in a legal proceeding
that is being processed in the Fourth Criminal Court of Huancayo.
In view of the risk, the Commission requested the Peruvian State to
adopt measures to protect the life and physical integrity of Mr.
Luis Alberto Ramírez Hinostroza and his family. On August 30, 2004,
when the precautionary measures were in force, Mr. Hinostroza was
shot in the abdomen as a result of a criminal attempt on his life,
which took place close to his home. On September 2, 2004, the
Commission transmitted to the Peruvian State a communiqué expressing
concern about the above-mentioned criminal attempt and requested
immediate and effective observance of the precautionary measures
granted in favor of Mr. Hinostrosa. The Commission continues to
receive information about the situation of the beneficiaries.

44.On
August 17, 2004, the IACHR granted precautionary measures in favor
of Oscar González Anchurayco and members of the Community of San
Mateo de Huanchor. Available information indicates that the
living conditions, health, food, farming and livestock of five
indigenous campesino communities, comprised of more than 5,000
families, would be severely affected by deposits from an open-air
mine in the vicinity of the Rimac River. The studies conducted by
the Department of Environmental Health of the Ministry of Health
conclude that the cumulative power and chronic effect of arsenic,
lead, and cadmium in the deposits generated a high risk of exposure
for the communities of the zone; that environmental pollution is
affecting the health of the dwellers of the communities; and that
children are suffering from very high levels of lead concentration
in their blood. In view of the risks to the beneficiaries, the
Commission granted precautionary measures to protect the life and
personal safety of Oscar González Anchurayco and the members of the
Community of San Mateo de Huanchor. Likewise, the Commission
requested the Peruvian State to implement a health assistance and
care program for the population, particularly for children, to
identify the persons who might have been affected by the
consequences of pollution and provide the relevant medical care; and
to begin transferring the deposits in accordance with the best
technical conditions as determined by the relevant environmental
impact study.

Suriname

45.On November 11,
2004, the IACHR granted precautionary measures in favor of Mr.
Luis Miguel Sánchez Aldana, who is imprisoned in the
penitentiary Penitendiare Inristing. Available information
indicates that Mr. Sánchez Aldana suffers from complete occlusion of
the aorta and gangrene in the lower limbs, which are jeopardizing
his life because of his state of health. In view of the risk to the
beneficiary, the Commission requested the Government of Suriname to
adopt the necessary measures to provide adequate medical care to Mr.
Luis Miguel Sánchez Aldana, while he is under custody of
penitentiary authorities. The Commission continues to monitor the
situation of the protected person.

United States

46.On
March 31, 2004, the Commission granted precautionary measures in
favor of Gregory Thompson in the context of petition
P194-2004, which alleged violations of Mr. Thompson’s rights under
Articles I, XVII, XVIII and XXVI of the American Declaration of the
Rights and Duties of Man. The petitioners claimed that Mr. Thompson
was sentenced to death in Tennessee in 1985 and they challenged his
conviction and sentence before the Commission on the basis that Mr.
Thompson was mentally ill and based upon alleged irregularities in
his criminal proceedings. The petitioners also indicated that Mr.
Thompson was scheduled to be executed on August 19, 2004. In view of
these circumstances, the Commission asked the United States to take
the urgent measures necessary to preserve Mr. Thompson’s life
pending the Commission’s investigations into the allegations in his
petition, on the basis that Mr. Thompson’s execution would render
any eventual decision by the Commission ineffective and cause him
irreparable harm. On June 24, 2004, the State informed the
Commission that, in its view, the Commission did not have the
authority to request that the State adopt precautionary measures. On
August 8, 2004 and September 15, 2004, the State and the Petitioners,
respectively, informed the Commission that on June 23, 2004, the
United States Court of Appeals for the Eighth Circuit had stayed Mr.
Thompson’s execution pending further domestic legal proceedings.

47.On
May 10, 2004, the Commission granted precautionary measures in favor
of Marlin Gray in the context of petition P396-04, which
alleged violations of Mr. Gray’s rights under Article I of the
American Declaration of the Rights and Duties of Man. According to
the petitioners, Mr. Gray was sentenced to death on December 3, 1992
in the state of Missouri, and they challenged Mr. Gray’s death
sentence before the Commission on the basis that the state did not
restrict the application of the death penalty to crimes of
exceptional gravity and that Mr. Gray did not personally commit the
murder for which he was condemned but rather was convicted as an
accomplice. Further, the petitioners indicated that Mr. Gray had
exhausted all domestic remedies and that Missouri was expected to
set an execution date in the very near future. In view of these
circumstances, the Commission asked the United States to take the
urgent measures necessary to preserve Mr. Gray’s life pending the
Commission’s investigations into the allegations in his petition, on
the basis that Mr. Gray’s execution would render any eventual
decision by the Commission ineffective and cause him irreparable
harm. On June 30, 2004, the State informed the Commission that its
request had been forwarded to the Attorney General of Missouri. On
November 9, 2004, the petitioners informed the Commission that on
October 4, 2004, the U.S. Supreme Court rejected a petition for a
writ of certiorari filed on Mr. Gray’s behalf and that an execution
date could be set at any time. In light of this information, on
November 16, 2004 the Commission reiterated its request to the
United States for precautionary measures in favor of Mr. Gray. On
November 24, 2004, the State again informed the Commission that its
request had been submitted to the Governor and Attorney General of
Missouri.

48.On
June 28, 2004, the Commission granted precautionary measures in
favor of Robert Karl Hicks in the context of petition
P580-04, which alleged violations of Mr. Hicks’ rights under
Articles XVIII and XXVI of the American Declaration of the Rights
and Duties of Man. The petitioners claimed that Mr. Hicks was
sentenced to death on January 17, 1986 in the state of Georgia and
they challenged his conviction and sentence before the Commission on
the basis that he had been detained on death row for 18 years since
his conviction, that he was not provided with adequate time and
facilities for the preparation of his defense, and that he was not
given adequate legal representation at trial. The petitioners also
indicated that Mr. Hicks’ execution was scheduled to take place on
June 30, 2004. In view of these circumstances, the Commission asked
the United States to take the urgent measures necessary to preserve
Mr. Hick’s life pending the Commission’s investigations into the
allegations in his petition, on the basis that Mr. Hick’s execution
would render any eventual decision by the Commission ineffective and
cause him irreparable harm. On June 30, 2004, the State informed the
Commission that its request for precautionary measures had been
forwarded to the Attorney General of Georgia. The Commission
subsequently received information that on July 1, 2004, Mr. Hicks
was executed.

49.On
July 7, 2004, the Commission granted precautionary measures in favor
of Troy Albert Kunkle in the context of petition P607-04,
which alleged violations of Mr. Kunkle’s rights under Articles I,
XVIII, XXV and XXVI of the American Declaration of the Rights and
Duties of Man. The petitioners claimed that Mr. Kunkle was sentenced
to death in the state of Texas on February 26, 1985 and they
challenged his sentence before the Commission on the basis that he
had been on death row since January 17, 1986, that he was not
provided with adequate legal representation in the investigation and
presentation of mitigating evidence at trial, and that the domestic
courts had failed to grant Mr. Kunkle discovery or an evidentiary
hearing in order to prove the factual basis for his constitutional
claims. The petitioners also indicated that Mr. Kunkle was scheduled
to be executed on July 7, 2004. In view of these circumstances, the
Commission asked the United States to take the urgent measures
necessary to preserve Mr. Kunkle’s life pending the Commission’s
investigations into the allegations in his petition, on the basis
that Mr. Kunkle’s execution would render any eventual decision by
the Commission ineffective and cause him irreparable harm. On July
13, 2004, the State informed the Commission that its request had
been forwarded to the Governor, Attorney General and Board of
Pardons and Parole of Texas. In a subsequent note dated August 8,
2004, the State informed the Commission that on July 7, 2004, the
U.S. Supreme Court issued a stay of Mr. Kunkle’s execution pending
the disposition of his petition for a writ of certiorari before that
Court, and that, if his petition was denied, under Texas law Mr.
Kunkle would receive 30 days notice of the new execution date.

50.On
November 12, 2004, the Commission granted precautionary measures in
favor of three beneficiaries, Warren Wesley Summerlin, Jeffery
Timothy Landrigan and Richard Michael Rossi, in the context of
petition P1177-04, which alleged violations of the beneficiaries’
rights under Articles I, II, XVIII, and XXVI of the American
Declaration of the Rights and Duties of Man. The petitioners claimed
that the beneficiaries had been sentenced to death in the state of
Arizona and they challenged their death sentences before the
Commission on the basis that the beneficiaries had been arbitrarily
denied the benefit of a decision of the U.S. Supreme Court that
declared as unconstitutional the proceedings under which they had
been sentenced to death. The petitioners also indicated that the
three beneficiaries were awaiting rulings by the U.S. Court of
Appeals for the Ninth Circuit, that the post-conviction
consideration of appeals in U.S. death penalty cases is neither
orderly nor predictable, and that execution dates could be set on
short notice once the Ninth Circuit issued its decision. In view of
these circumstances, the Commission asked the United States to take
the urgent measures necessary to preserve the three beneficiaries’
lives pending the Commission’s investigations into the allegations
in their petition, on the basis that their executions would render
any eventual decision by the Commission ineffective and cause them
irreparable harm. On November 30, 2004, the State informed the
Commission that its request had been forwarded to the Governor and
Attorney General of Arizona.

Venezuela

51.On March 11, 2004, the
IACHR granted precautionary measures in favor of the president and
director of the community broadcasting station Máxima 104.3 FM,
Víctor López Yépez and Adda Pérez. Available information
indicates that on March 2, 2004, a group of approximately 30
persons, presumably belonging to the “Gente de Petróleo”
organization, armed with sticks and stones, assaulted the
journalists Víctor López Yépez and Adda Pérez while returning from
work. Likewise, the Petitioners indicate that they had received
threats of arson on various occasions at the main office of the
radio station. They allege that the threats were reported to the
National Guard, the Regional Police, and the Police Institute of
Cabimas, although no response has been forthcoming. In view of the
risks to the beneficiaries, the IACHR requested the Venezuela State
to adopt the measures necessary to protect the lives and physical
integrity of the journalists as well as the installations of the
radio station, and to report on the actions undertaken to clarify
the facts justifying the adoption of precautionary measures. The
Commission continues to monitor the situation of the protected
persons.

52.On June 22, 2004,
the IACHR granted precautionary measures in favor of Ms. Eloisa
Barrios and her family. Available information indicates that
the beneficiaries are the target of constant threats and
intimidation because of their reports of the assassination of their
relative, Narciso Barrios, which was presumably committed by state
agents. The Petitioners point out that, on June 19, 2004, Jorge
Barrios and Oscar Barrios–relatives of Ms. Eloisa Barrios—had been
arrested by a police commission and threatened with death, after
which Jorge and Oscar Barrios were kicked in the face and body. In
view of the risks to the beneficiaries, the IACHR requested the
Venezuelan State to adopt the necessary measures to protect the life
and physical integrity of Ms. Eloisa Barrios and
her relatives. After being apprised of the violent death of one of
the beneficiaries of the precautionary measures, the Commission
requested the Inter-American Court to adopt provisional measures in
accordance with Article 63(2) of the American Convention. The
provisional measures were granted on September 24, 2004 (see section
below on questions pending before the Inter-American Court).